Contents

Equality Impact Assessment - Results

Title of Policy

Regulations prescribing rules of procedure for the Upper
Tribunal for Scotland, creating offences in proceedings before
the Scottish Tribunals, setting time limits for seeking
permission to appeal and creating the First-tier Tribunal for
Scotland chamber structure

Summary of aims and desired outcomes of
Policy

The policy aim of these regulations is to create a unified
structure into which tribunals can transfer in a phased
process.

(a) prescribe rules of procedure for the Upper Tribunal for
Scotland (Upper Tribunal)
(b) provide for offences in proceedings before the Scottish
Tribunals,
(c) set time limits for seeking permission to appeal
decisions and
(d) create the chamber structure for the First-tier Tribunal
for Scotland (First-tier Tribunal)

Background

The Tribunals (Scotland) Act 2014 (the 2014 Act) creates two new
tribunals, the First-tier Tribunal for Scotland (generally speaking
hearing cases at first instance) and the Upper Tribunal for
Scotland (primarily for appeals) known collectively as the Scottish
Tribunals. Existing tribunals will transfer into the Scottish
Tribunals in a phased process commencing in December 2016.

These regulations make rules of procedure for the Upper
Tribunal, create offences in proceedings, set time limits for
seeking permission to appeal and establish the First-tier Tribunal
chamber structure.

The policy aim of these regulations is to create a unified
tribunals structure into which tribunals can transfer in a phased
process.

The regulations contribute to the Scottish Government's Safer
and Stronger objective, through the following national outcome:

Our public services are high quality, continually improving,
efficient and responsive to local people's needs.

1) Upper Tribunal Rules

These regulations set out the rules of procedure for the Upper
Tribunal. They are intended to strike a balance between conferring
on the Upper Tribunal broad powers to regulate its own procedure
and providing a reasonable level of detail in key areas such as the
procedure for cases and how to appeal a decision of the Upper
Tribunal.

2) Offences in Proceedings

These regulations provide a standardised definition of what
constitutes an offence and the level of fine/imprisonment that can
be imposed. They also specify circumstances in which a person
cannot be compelled to give evidence or produce something.

3) Time Limits for Seeking Permission to Appeal

These regulations specify a 30 day time limit for seeking
permission from the First-tier Tribunal or Upper Tribunal to appeal
a decision. They also contain provisions on seeking permission from
the Upper Tribunal to appeal a decision of the First-tier Tribunal
if the First-tier Tribunal refuses permission to appeal. These
timescales are intended to strike an appropriate balance between
access to justice (giving parties adequate time to consider the
merits or otherwise of appealing a decision) and certainty for
parties.

4) Chamber Structure

These regulations create five chambers into which the functions
and members of tribunals will be transferred in a phased
process.

The Scope of the
EQIA

The Scottish Government carried out a full consultation with
relevant external stakeholders on the draft Regulations. Responses
were received from a range of organisations including the Law
Society of Scotland, Faculty of Advocates and relevant stakeholder
groups.

Key Findings

The Equalities and Human Rights Commission raised that people
who are not represented and/or who because they share a protected
characteristic under the Equality Act 2010 may find it difficult to
deal with rules of procedure. This impact is mitigated by the fact
that a person may be accompanied by a legal or lay representative
and a supporter who can advise on points of law.

The Equalities and Human Rights Commission also noted the 30 day
time limit may put people with protected characteristics at a
particular disadvantage. This impact is mitigated as the Upper
Tribunal may on cause shown extend the 30 day time limit.

Recommendations and Conclusion Our assessment is that the Regulations do not give rise to
any equality issues.